Why Mediation Remains Underutilized

Aug 24, 2025 | Law Student Blog,

By Omowunmi (Wunmi) Odeja, Washington University School of Law, Juris Doctor Candidate, 2027

Although mediation can be a valuable tool for resolving intellectual property (IP) and other disputes, it is underutilized by creatives here in St. Louis. Mediation offers flexibility and freedom, something unique in its nature, qualities rarely found in other forms of dispute resolution such as litigation and arbitration. Mediation provides a way for parties to settle their disputes amicably, and its costs are relatively lower than other forms of dispute resolution. Its process is also less formal, often likened to a business negotiation, facilitated by a trained mediator. Mediation allows both parties to work together to resolve their issues without the need to have a third party make the decision.

St. Louis Volunteer Lawyers and Accountants for the Arts (VLAA) provides free mediation — an informal process in which a trained neutral mediator (with subject matter knowledge) guides the discussion between the parties. Mediation, which is especially effective when the parties have been collaborators, allows the disputants to control the outcome, providing confidential and fast results. That’s why VLAA encourages clients to include mediation clauses in their contracts.

VLAA’s mediation program seems to be underutilized for a variety of reasons. Firstly, many creatives are simply unaware that litigation isn’t their only option. They can seek the assistance of an attorney, who may be able to negotiate a settlement. Or some disputes can be heard by the nascent Copyright Claims Board, which provides a streamlined and informal alternative to federal court. Arbitration is a private process in which a neutral arbitrator makes a legally binding decision.

Secondly, some VLAA cases involve power imbalances, where the other party is a larger, better-funded entity and the other is an individual or small business, and the stronger party has little incentive to participate or may prefer litigation where their financial advantage is more impactful. When one party has the financial means of going to litigation and the other does not, the power imbalance dominates.

Thirdly, there is a general lack of awareness when it comes to mediation, as creatives may not fully know that mediation often works well to resolve IP disputes. They may assume that copyright, trademark, or patent matters must be resolved by the courts when in fact these disputes are often based on misunderstandings and miscommunication, which are exactly the kinds of issues mediation helps resolve.

A lot of IP disputes center around the need to obtain a court injunction to halt any ongoing infringement. Due to the often-fast nature involved in this legal process, mediation may seem slow or even uncertain when the stakes are high, and the situation is time sensitive. However, this perception is heavily challenged as mediation is faster and less complicated than litigation. Some creators have a deep connection to their work, and this level of emotional involvement may make attending a mediation session seem daunting. Due to high-level of emotional attachment to one’s work, it may be difficult to convince artists to make use of the mediation program, especially when they feel like their work has been stolen or misused by the other party.

Organizations like California Lawyers for the Arts (CLA) have been at the forefront of making mediation more accessible, inclusive and culturally competent. The impact of the CLA’s Arts Arbitration and Mediation Services (AAMS), which started in 1980, has extended beyond California. As noted by Alma Robinson, Executive Director of CLA, her organization received grant support to help other volunteer lawyers for the arts organizations establish mediation services. Training has been offered to staff and volunteer mediators in St. Louis, Houston, New York, and Chicago. The shows how mediation is evolving from an alternative option to a mainstream, artist-centered approach to resolving disputes.

VLAA believes mediation is a powerful tool for artists and creative professionals facing legal disputes. It is most effective when both parties are willing to come together in good faith. For collaborators in the arts, it is not simply about money, it is about preserving reputations, maintaining friendships, and finding a way to move forward. Mediation provides a space to air differences openly, resolve conflicts respectfully, and, where necessary, part ways without burning bridges, strengthening the fabric of the creative community as a whole. Whether the issue is about copyright ownership, creative control, or disagreements, mediation offers a more collaborative, cost-effective, and relationship-preserving path forward than litigation.

VLAA’s mediation program is designed to confirm its belief that artists need dispute resolution options that reflect the collaborative and often cross-cultural nature of their work. It offers confidential, creative, and flexible services to help artists resolve their conflicts without the need to go to court. If you are embroiled in a conflict — or want to avoid one — consider mediation. Learn more about this service here.

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